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Not hot enough: cooling-off periods and the recent developments under the Energy Charter Treaty

  • Crina Baltag
Research Output: Contribution to journal Article Peer-review

Open access

Abstract

Cooling-off provisions in international investment agreements guarantee that investors and host States resolve their disputes in the most efficient manner. Aimed at offering the parties the opportunity to amicably settle their differences, cooling-off provisions remain a controversial issue in the jurisprudence on international arbitral tribunals. Arbitral tribunals are still split between considering the cooling-off provision as a procedural requirement or as an admissibility or jurisdictional requirement. Each of these positions triggers different practical consequences, with serious outcomes for the arbitral process.This note addresses the latest developments concerning the cooling-off provision under one international investment agreement–the Energy Charter Treaty.

Publication Information

Output type

Research Output: Contribution to journal Article Peer-review

Original language

English

Pages from-to (Number of pages)

Pages 190-196

Journal (Volume, Issue Number)

Indian Journal of Arbitration Law (Volume 6, Issue 1)

Publication milestones

  • Published - 01/07/2017

Publication status

Published - 01/07/2017

ISSN

2320-2815

External Publication IDs

  • handle.net: 10547/622271

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